对婚内强奸的理性分析与思考

婚内强奸是刑法学术界及司法界长期争论不休的问题.本文首先对各派观点进行了系统的梳理概括,又从比较法的视角考察了国外主要国家有关婚内强奸的法律制度,然后提出了婚内强奸研究的"权利义务说",进而以该学说为理论依据,对婚内强奸问题进行了法理分析与思考.     

Expert Evidence As Context: Historical Patterns and Contemporary Attitudes in the Prosecution of Sexual Offences

In H.M. Advocate v. Grimmond ¹ the judge in a Scottish High Court trial refused permission for expert psychological evidence to be admitted on behalf of the Crown in a prosecution involving sexual offences against two children. The Crown had sought to lead an expert witness to explain to the jury about patterns of disclosure in child sexual abuse cases. The case was remarkable, not so much for the strict application of the longstanding rule in R. v. Turner that constrains the use in the courtroom of expert evidence from the behavioural sciences, but for the way in which the arguments presented by the Crown in Grimmond resonate with enduring feminist critiques regarding the treatment of women in rape trials. The theoretical issues raised by the decision include the quest for context to counter rigid evidential frameworks, and the choice of a child sexual abuse case as the medium for challenging the boundaries of the admissibility of expert evidence in the courtroom. The ramifications of Grimmond are tangible as legislation intended to benefit children and women has already been enacted by the Scottish Parliament to ameliorate the effects of the decision. This article suggests that while this legislation should be given a cautious welcome it remains to be seen whether the heralded benefits will actually materialise. This revised version was published online in July 2006 with corrections to the Cover Date.     

``That Woman Is a Woman!' the Case of Bellinger v. Bellinger and the Mysterious (Dis)appearance of Sex: Bellinger v. Bellinger [2003] 2 All E.R. 593; [2003] F.C.R. 1; [2003] 2 W.L.R. 1174; [2003] UKHL 21

In the case of Bellinger v. Bellingerthe House of Lords has for the first time exercised the power to make a declaration of incompatibility under s. 4 of the Human Rights Act 1998, finding that U.K. law on marriage is in breach of Articles 8 and 12 of the European Convention on Human Rights. This case note argues, however, that despite this decision, and despite also recent judgements of the European Court of Human Rights upholdingthe rights of transsexual people, the principles applied in Bellingerdemonstrate that judicial discourse on transsexuality remains bound within the heterosexual and biological framework of Corbett v. Corbett.     

城市婚姻家庭问题社区干预需求研究——天津市鸿顺里地区婚姻家庭问题与社区干预状况调查

与目前正在发生的经济转轨和社会转型相适应,我国城市居民也在逐步完成由“单位人”向“社区人”的转化,社区与人们生活的联系日益密切,在对人们婚姻家庭问题的干预过程中发挥着日益强化的作用。     

我国独生子女大学生研究视角综述

近年来,国内学者对独生子女大学生进行了研究,研究方法和视角呈现百花齐放的局面,对其特异性如价值观、心理适应性等方面的研究已取得了一定的成果。但研究的深度、广度和成熟度还很不够,仍有需要进一步深入研究的问题。     

婚内强奸应当犯罪化——从宪法学角度评婚内强奸

关于婚内强奸,我国刑法学界有否定说、肯定说、折衷说三种观点。从"同居权"不能成为一项权利、夫妻平等、活的秩序等宪法学的角度对婚内强奸的问题进行理论上的分析,可得出结论:婚内强奸应当构成犯罪。     

浅析我国婚姻法中的离婚损害赔偿制度

离婚损害赔偿制度是指配偶一方违法侵害他方的合法权益 ,导致婚姻关系破裂 ,离婚时过错配偶对无过错配偶所受的物质和精神损害承担民事责任的法律制度。我国 2 0 0 1年颁布的《婚姻法》专设“救助措施与法律责任”一章 ,新增了这一制度。这标志着我国婚姻家庭法制建设又走上了一个新的台阶 ,使法律对婚姻当事人合法权益的保护更进一步 ,使司法机关对相关案件进行裁判有了法律依据。本文首先对离婚损害赔偿制度的现实意义和内容加以介绍 ,又着重阐述了其亟待解决的几个问题。     

Challenging Institutional Denial: Psychological Discourse,Therapeutic Culture and Public Inquiries

ABSTRACT

The damaging effects of abuse in childhood were repeatedly emphasised in public hearings and in media coverage of the Royal Commission into Institutional Responses to Child Sexual Abuse. Testimony from earlier Australian inquiries, which documented widespread experiences of child maltreatment, particularly in institutions, also underscored the ongoing and often intergenerational impact of abuse. Taking institutional child abuse inquiries as a case study, this article examines how psychological and therapeutic concepts have been mobilised politically. It argues that therapeutically oriented and psychologically informed cultural narratives of childhood trauma and its ongoing effects have provided a framework for making sense of long-term experiences of adversity and suffering and have enriched attention to “the question of justice” for survivors of historical institutional child abuse.     

Child abuse by baby-sitters: An ecological-interactional interpretation

This study explored the social contexts in which physical abuse by baby-sitters occurred. This was accomplished through a content analysis of 98 founded case records of physical abuse committed by baby-sitters. In 70% of the case records there was evidence that sitters had a conflict with the victim prior to the abusive act. Children fighting with other children was the most common type of disturbance, followed by conflicts surrounding toilet training, children's continuous crying, disobedience, and rudeness. There was evidence that parents' explicit or implicit approval of baby-sitters' violence contributed to the child abuse in approximately one-quarter of the cases.This research was supported by a grant from the Harry Frank Guggenheim Foundation.     

Pathways to child work in Tajikistan: narratives of child workers and their parents

A recent child-work study by the International Labour Organization reports that 27% of children in Tajikistan ages 5–17 worked in 2013. Although children worked in agriculture or performed household chores in Soviet Tajikistan, child work for pay is a relatively new phenomenon in modern Tajikistan. This study examines the pathways to child work and the families’ perceptions of child work experiences. Some of the main findings of this study are the themes connected to normalization and acceptance of child work in Tajikistan. These are explained by expectations placed on children at the social, family and personal levels that are in turn affected by macroeconomic forces that are by-products of the transitional economy. The study also explores differences in expectations by gender, age and area of residence.